Short-term Rent: Who Pays? Tenant Rights Austria

When renting short-term in Austria, it is common to ask who is responsible for which costs. As a tenant, you should know how rent, utilities, deposit and possible repairs are legally allocated and which proofs you must keep. This article explains in plain language which duties landlords and tenants have, how statements are checked, which deadlines apply and how to proceed in case of damage or disputes. The aim is to give you practical steps so you can assign costs transparently and avoid expensive mistakes. The notes refer to Austrian legal sources and procedural steps before district courts.

Rights and Obligations for Short-term Rentals

Short-term rentals fall in many respects under the Mietrechtsgesetz (MRG) or the general provisions of the ABGB, depending on the rental relationship and duration.^[1] Landlords are generally obliged to hand over the apartment in usable condition and remedy defects; tenants must pay the agreed rent and avoid damages. In case of doubt, consult the contract and the relevant statutory provisions.

Who Pays Which Costs?

• Rent (Miete): The agreed short-term rent is payable by the tenant unless otherwise agreed.
• Utilities (Nebenkosten): Ongoing operating costs may be billed separately; check the billing basis.
• Deposit (Kaution): A deposit is common to secure damages and outstanding payments; repayment depends on condition and accounting.
• Repairs (Reparaturen): Minor repairs may be the tenant's responsibility per contract, major maintenance is usually the landlord's duty.

Practical Steps in Case of Dispute

• Observe deadlines (Fristen): Respond promptly to defect notices and payment requests.
• Collect evidence (Beweise): Secure photos, receipts, messages and the handover protocol.
• Send a written request to the landlord (Aufforderung): Set a deadline and propose a solution.
• Consider court action (Gericht): For serious disputes, an application to the district court may be necessary.^[2]

FAQ

Who pays the final cleaning for short-term rentals?

It depends on the contract; often the final cleaning is included in the rent or agreed as a separate fee; otherwise the tenant pays if they do not leave the property as agreed.

Can the landlord withhold the deposit?

Only to cover legitimate claims such as unpaid rent or damages; blanket withholding without evidence is not permitted.

What to do if furnishings are damaged?

Take photos immediately, inform the landlord and, if necessary, create a written damage report.

How-To

1. Step 1: Review the contract — Read rental period, utilities clauses and deposit rules carefully.
2. Step 2: Secure evidence — Collect photos, receipts, messages and the handover protocol.
3. Step 3: Send a written request to the landlord — Set a deadline and propose a remedy.
4. Step 4: Consider court action — If warranted, examine filing a claim at the district court.

Key Takeaways

• Documentation protects your rights and makes evidence stronger.
• Read contracts carefully: many disputes can be clarified contractually.
• Meet deadlines: missed deadlines can forfeit claims.

Help and Support / Resources

• Court forms (forms) - JustizOnline
• Laws and legal sources (laws) - RIS
• Court information (court) - Justiz

1. [1] Mietrechtsgesetz (MRG) - RIS
2. [2] Information on courts and procedures - Justiz